The Megyn Kelly Show - September 16, 2026


Black Male Clancy Juror Lone Holdout is Allegedly REPUBLICAN, and Charlie Kirk Family May SUE Over UVU Security, with Geragos, Murphy, Aronberg, and Frei | Ep. 1399

Pathological: The Casey Anthony Story — Where Is Caylee Marie? — Ep. 1 | MK Confidential Pathological: The Casey Anthony Story — The Science of the Swamp — Ep. 3 | MK Confidential

Episode Stats


Length

1 hour and 44 minutes

Words per minute

169.84

Word count

17,809

Sentence count

957

People

Guests:
Also mentioned:

Harmful content

Misogyny

16

sentences flagged

Toxicity

41

sentences flagged

Hate speech

18

sentences flagged


Transcript

Transcript generated with Whisper (turbo).
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
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00:01:00.900 Welcome to The Megyn Kelly Show, live on Sirius XM Channel 111 every weekday at New East.
00:01:12.600 Hey everyone, I'm Megyn Kelly. Welcome to The Megyn Kelly Show. We have an incredible Kelly's
00:01:16.900 Court today. Man, do we have a full docket. This morning, just before we came to air,
00:01:21.220 Charlie Kirk's family took the first step in filing a lawsuit against Utah Valley University
00:01:27.200 over the security failures that led to his murder on September 10th of last year.
00:01:34.200 Oh, my God.
00:01:36.060 I mean, I've wondered whether they would do this for a long time now.
00:01:42.260 I mean, there are serious questions about why so little was done to keep him safe, truly.
00:01:50.180 And now those questions are being asked by his family directly
00:01:54.060 as they point the finger at the university.
00:01:57.200 So we'll get into it. This raises a bunch of issues. It is a public university. Sometimes those are provided with immunity. Sometimes it's waived. We'll talk about that. And you can bet that the university is going to point the finger right back at the Turning Point security team.
00:02:15.620 That would be a question of apportionment, but we're going to get into all of it.
00:02:21.000 It was a, ugh, just, it raises so many awful memories.
00:02:26.060 And the lawsuit reveals a lot that we didn't know about what Turning Point had done with respect to the university to tell them,
00:02:35.220 he's a target, please be sure he's safe, what about the rooftops, et cetera.
00:02:41.180 So we'll do those details in just a bit.
00:02:43.820 Okay, but we are beginning today with the holdout juror in the Lindsey Clancy case, who is now speaking out, at least indirectly.
00:02:55.100 There is a guy named Ray Marcel, who hosts a YouTube channel called Fugitive TV.
00:03:00.300 And Ray says he spoke with a holdout juror for about an hour yesterday about both the Clancy case and about this juror's past, as has now been repeated in the Boston Globe and elsewhere.
00:03:16.020 Now, he wanted to verify that he spoke to this juror, and he showed a picture of the juror's summons in the case.
00:03:24.520 Now, Ray Marcel has named the juror. He's named him and he said his name repeatedly. And he's also put out a picture, two pictures of the juror because he says the juror.
00:03:37.880 Well, he doesn't want people making donations to, I guess, fakers who are saying they are the juror.
00:03:45.620 Look, I don't know.
00:03:46.900 I believe this guy, Ray Marcel, has spoken to the actual juror
00:03:51.240 because he's got a picture of his actual juror summons
00:03:54.680 and he's got pictures of the juror.
00:03:57.020 I'm just going to, for now, hedge my bets
00:03:59.420 and I'll just refer to him as Michael.
00:04:01.260 Okay, that's his first name.
00:04:02.940 But I'm going to skip the last name
00:04:04.120 because it's not important for me to say it here.
00:04:06.740 I do believe Ray Marcel has been in touch with him,
00:04:09.000 but until the juror comes out himself and confirms that it's him,
00:04:13.560 I'm going to stick with just a first name.
00:04:15.620 Uh, he wrote Ray Marcel. This is Lindsay Clancy juror. Michael, he sent me these photos. Do not
00:04:22.640 send anyone any money that is not him because there are definitely some fakers on the internet
00:04:27.840 right now purporting to be the holdout juror. Now, Marcel says that Michael told him there's
00:04:33.180 far more to the story about these domestic abuse allegations against him, um, from his now ex-wife.
00:04:41.000 This goes back six years. We shouldn't be talking about this at all. We shouldn't be. This is harassment of a juror who did nothing other than answer the call to civic duty. This is so wrong. I'm sorry that this has been crammed down our throats by these activist other jurors who took aim at this guy piled on like a bunch of bullies.
00:05:02.400 And then NBC Boston joined in by unearthing these allegations in his past, the Boston Globe.
00:05:09.760 Now, every publication is out with it, and this guy's having to deal with it.
00:05:14.240 And we understand, we believe that the prosecution and defense teams are likely dealing with it, too, because they've just brought on a new lawyer.
00:05:23.180 There's definitely going to be another hearing.
00:05:24.680 and Kevin Reddington, the defense lawyer, is uncharacteristically silent about the matter
00:05:31.200 of this juror and his so-called past. So you can bet he's getting ready to do something about it
00:05:38.000 because there's no way he'd be saying nothing if he weren't actively going to use it. That's my
00:05:45.100 own take. Okay. So this Michael has allegedly told Ray, this guy, Ray Marcel, that that incident
00:05:56.240 with his ex-wife, keep in mind what NBC Boston reported was that back in 2021, that Michael
00:06:05.560 allegedly assaulted his ex-wife or his wife at the time, and that his 13-year-old nephew called
00:06:12.560 the cops on Michael, that Michael's mother was yelling, you're evil, as he allegedly did this to
00:06:19.040 her, and that the wife was disgusted and filed for divorce, and then they got a divorce. Well,
00:06:26.780 Michael seems to be saying there's more to that story and says he was actually the one who filed
00:06:32.840 for divorce, not his wife, after learning that she was an illegal immigrant. Now, we understand that
00:06:40.860 Michael is a legal immigrant from Haiti regarding that 2021 incident with his nephew and all that that would later lead to a restraining order because it got renewed where the where the the nephew six years later came out to say that Michael allegedly assaulted him because he blamed him for calling the cops after that incident with the wife and that the nephew got a restraining order.
00:07:10.860 against Michael.
00:07:13.280 Michael tells Marcel that this nephew, for what it's worth,
00:07:16.580 is far bigger than Michael is.
00:07:20.780 He says that the nephew's 6'2", and he's only 5'7",
00:07:24.360 and he says not everything that has been reported is accurate. 0.97
00:07:28.100 Again, this is none of our damn business. 0.92
00:07:30.720 It's none of our business. 0.99
00:07:32.840 What are we going to do about that other juror?
00:07:35.120 All right, what are we going to do about the nutcase chef 0.98
00:07:37.580 who's got all those problematic allegations in her past, 1.00
00:07:41.580 which didn't result in criminal charges.
00:07:43.160 But we're going to do this to everybody.
00:07:45.100 Let's drag everyone's life through this same microscope
00:07:49.280 and excoriate anybody who votes a way we don't like
00:07:53.840 for whatever their past sins are.
00:07:56.360 This is just so wrong.
00:07:57.520 I object to even talking about this.
00:07:59.760 I'm doing it because of what's being done to him
00:08:02.120 and because he now is trying to battle back against the smears.
00:08:07.260 So we'll talk about his battle.
00:08:12.260 Okay, it's like, this is just crazy.
00:08:14.780 All right, now obviously, if this guy assaulted his wife and or his nephew,
00:08:19.960 no one's making any excuses for that.
00:08:21.760 But the point is simply, A, we shouldn't be talking about this,
00:08:26.760 and B, if we are going to talk about it, there is apparently more to the story
00:08:30.860 than we have heard from NBC Boston.
00:08:34.160 Now, Marcel reports that he spoke with Michael about what happened in that jury room.
00:08:40.920 And here is part of what he reported.
00:08:43.800 Watch.
00:08:44.660 He said that from day one, he said eight of them were going for Lindsey Clancy, not guilty.
00:08:53.180 That was on day one.
00:08:54.780 And then on eight were going not guilty.
00:08:57.700 Two were for guilty.
00:08:59.840 And two didn't know.
00:09:01.280 They didn't make up their mind.
00:09:02.120 Now, that was on day one.
00:09:03.640 He told me that the eight that on day one were going for a Lindsey not guilty, he said to him, those eight felt he felt like they were activists.
00:09:16.360 He felt like they were activists is what he told me.
00:09:22.780 And every day he said they would vote every day.
00:09:26.360 they would vote. He said the eight that felt that Lindsey was not guilty were trying to convince
00:09:33.280 the other four, hey, Lindsey's not guilty. Oh, wait a minute. So you're telling me he wasn't
00:09:41.820 the only holdout, nutcase, crazy man who wouldn't apply the reasonable doubt standard.
00:09:48.580 You're telling me that at least four of the jurors when they first started deliberating 0.64
00:09:52.720 really were considering, and at least two had preliminarily decided, to find her guilty.
00:10:00.220 So maybe this guy isn't quite as much of a lunatic as the other jurors now say.
00:10:05.180 This guy, Ray Marcel, who did the interview, also pointed to a possible reason
00:10:10.220 why the other jurors who truly have presented themselves like a bunch of far-left nutcase activists
00:10:19.120 were so upset with the holdout Michael watch very well-spoken person very well-spoken spoken
00:10:27.880 um very nice very kind Catholic and you want to hear something very funny we started talking
00:10:37.060 he thinks he knows why he might be getting targeted he's a Republican
00:10:43.420 uh oh he is a black republican he has conservative views
00:10:49.860 he believes he might be getting targeted because of that
00:10:55.500 because the media and the reporters as you see they kind of have left views
00:11:05.220 he was in a juror panel with people of the democratic party now we don't know if that
00:11:14.100 is the reason but we talked about it and then as soon as he told me that he was republican
00:11:20.600 it just common sense i said this makes sense now hell hath no fury like a white liberal 0.95
00:11:28.820 dealing with a black Republican. 1.00
00:11:31.080 It is unforgivable to white libs, the crazy ones, not normal, 1.00
00:11:36.900 but like the really far left progressive people cannot tolerate a black Republican. 0.99
00:11:42.940 They see them all as Uncle Toms. 0.78
00:11:45.160 How many times have we seen this from Clarence Thomas on down? 0.98
00:11:49.400 It is like the worst sin you can commit as a black American 0.96
00:11:53.420 is to not go along with liberal dogma in the eyes of some nuts, 0.97
00:11:57.740 The activist class over on the far left. So is it so hard to believe that if they know that? I mean, that's the link that wasn't established. Did the jurors know that? Does the media know that? I haven't bothered to go pull this guy's voter registration to see if it's knowable, nor did I see that in the original reports by NBC Boston.
00:12:19.700 But it's possible he told those juries, sorry, those jurors on the jury about his politics, or maybe they just gleaned it from, like, the sensible comments he kept making.
00:12:31.620 I don't know.
00:12:33.640 But there's still a lot to dissect here because he spoke directly to that jury questionnaire and how he figured it out, which I'm going to play in one second.
00:12:44.780 Let me bring in my panel first.
00:12:46.200 Today, we've got Mark Garagos and Matt Murphy attorneys.
00:12:49.700 and hosts of the podcast In the Well.
00:12:52.560 It airs every Friday on the MK True Crime channel,
00:12:55.280 which you can find at mktruecrime.com
00:12:57.520 or just go to YouTube or wherever you get your podcasts.
00:13:00.260 If you type in MK True Crime and hit subscribe,
00:13:02.260 you're going to get In the Well
00:13:03.260 along with our other two crime shows.
00:13:06.860 So don't miss it.
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00:14:27.100 Guys, great to see you.
00:14:28.520 This one's so juicy, and man, do I have a good panel and you two to get into this.
00:14:33.040 Let me tell you what he said about the jury questionnaire, because this is where people have gone.
00:14:38.240 Did he did he fill out the jury questionnaire? Honestly, Garagos, this is so up your alley in what we talked about two weeks ago with Rochelle Neese and the Scott Peterson trial.
00:14:47.720 But the question is, did Michael honestly complete the jury questionnaire, which certainly would have asked about prior arrests, alleged crimes committed or interactions with the legal system?
00:15:02.220 Here is Ray Marcel talking about that in SOT 6.
00:15:07.320 on the questionnaire. Did he lie or didn't he lie? He told me he didn't lie. He told me he
00:15:14.920 checked the box that he was supposed to check. Have you ever been arrested? And he says he knows
00:15:21.140 he checked it because he had to describe what happened after he checked that. So he checked it
00:15:27.540 and described what happened. He said he got on the stand and I guess the prosecutor asked him
00:15:34.740 questions the prosecutor questioned him and then guess what after that he was selected so in his
00:15:42.940 words he said no he didn't lie on a questionnaire he was questioned by the prosecution and was
00:15:50.180 selected okay garrigo so if that's true he filled out the form and the prosecutor it makes perfect
00:15:56.220 sense right the prosecution would be the one to be like uh so michael what's the story with your
00:16:01.220 alleged arrest. And it sounds like he answered it to the satisfaction of the prosecutor. And I'll
00:16:06.360 bet you Reddington was like, I'm not going there. He sounds like he'd be a good jury, a juror for
00:16:10.780 me, which he turned out not to be. So the Matt and I discussed this last week. It's why I've
00:16:17.060 wanted to Matt. Matt had said he just got out of the water and he wanted to talk. And then I had
00:16:21.900 to be cut off to listen. But normally, that is a prosecutor's first peremptory strike.
00:16:32.160 So I don't, I mean, it is so counterintuitive. But can I tell you something? It fits in with
00:16:39.240 what I've been calling this entire case. It's upside down world. Almost never do you have
00:16:48.120 one juror holding out for guilt number one no almost never do you have and we saw it with gail
00:16:56.720 king and her kind of her brain uh stroke uh during the interview because i for lack of a better for
00:17:04.420 lack of a better term it didn't i she didn't use the word process but i i know that's what was
00:17:10.980 happening she was trying to process gonna have to she's like a fembot from uh juror is a black man
00:17:16.880 I mean, it's just wait a second. Black man hold out for guilt. You know, it was just did not compute records. Right. And then the idea of a defense lawyer, Kevin Reddington, having to lambaste the holdout when you've spent your entire career. 0.98
00:17:36.260 i i was telling matt i think i have probably i stopped counting at 20 hung juries and most of
00:17:44.160 them were either 11 to 1 or 10 to 2 almost exclusively and i don't think a single one
00:17:51.700 maybe one was uh this kind of a situation where it was for in favor of not guilty it's almost
00:17:58.740 inevitably um for guilt and there's one last person who is holding out in fact matt famously
00:18:06.200 there was a woman in Frank Fassel's court in Orange County after 18 weeks of trial in that
00:18:12.720 courtroom in Matt's backyard that one lone woman held out on 56 counts. It was the most insane 0.72
00:18:20.340 thing I've ever seen. I don't even know what kind of pressure you're under. But I would push back
00:18:24.900 on a couple of things, as I love to do with you when I listen to your monologues. The idea,
00:18:33.380 if you've talked to jurors afterwards, and my father, who was my idol, used to say the same
00:18:39.200 thing, they'll drive you crazy if you talk to them after the trial. I still do it, but it does
00:18:45.400 drive you crazy. It's usually the first, the second, the third vote in a case that has large
00:18:53.100 consequences can change. And that's part of the dynamic. Part of the reason for jury selection,
00:19:00.420 at least what i do is i'm looking for when i pick a jury i'm looking for a one person who's going to
00:19:07.820 be the general and one person who's going to be the lieutenant because that's who ends up
00:19:12.140 determining it jury selection is not to get 12 jurors that you want it's basically to get two
00:19:17.980 that are gonna that are gonna make your case back there when they get there also that goes and fits
00:19:23.880 in with closing argument closing argument is not to cinch the deal it's to give your jurors
00:19:29.700 the arguments they need in order to persuade the others. So it doesn't surprise me when he says
00:19:35.680 there was a split. It doesn't surprise me on anything else. But I will tell you what has
00:19:39.640 happened since these interviews is some of the stuff that the jurors who were voting not guilty
00:19:48.020 said, it has led me to believe more that the prosecution's got a better argument that this
00:19:53.980 guy was not violating his own. Even though there have been people who said it's disgusting,
00:19:59.700 about rubbing about tying the exercise band around the bottle frankly i think that there's a compelling
00:20:05.600 argument that that was dealing with the evidence and that was somebody who was deliberating and
00:20:11.240 you can have to the note itself you can have a doubt and it does not necessarily uh kind of rise
00:20:19.820 to the level of reasonable doubt so i mean that's his answer the one thing you just said which i
00:20:25.280 didn't know. And I've been saying that if this juror comes out and says, hey, I'm Catholic and
00:20:31.580 mortal sin really got me and I couldn't get past that, that changes everything for Kevin Reddington
00:20:37.360 and for Lindy Clancy. But other than that, this is fascinating. But I think anybody who excoriates
00:20:45.600 jurors after the fact, that just violates my line to the kind of red line in the sand.
00:20:52.280 And this is so crazy that this is being done to this guy.
00:20:56.160 Just so the audience knows, Mark's making a reference to the fact that one of the other
00:21:00.300 jurors said, oh, this guy, Michael, so bad.
00:21:02.820 One of the things he did during deliberations was to take the exercise bans that were used
00:21:07.200 by Lindsay to kill her children.
00:21:08.460 And he wrapped one around a water bottle. 0.99
00:21:11.320 And we just thought that was so horrible.
00:21:13.340 And actually, this guy, Ray, spoke to that too, Marcel.
00:21:16.900 He said he asked the holdout juror about that and that the holdout juror actually spoke
00:21:21.760 to it with Marcel. Here's how that went. We even talked about the water bottle, how he tied the
00:21:27.840 string around the water bottle. He said he did it to set an example. He did it to set an example
00:21:33.940 and show people this is what the string was used for. Imagine the water bottle as their little
00:21:41.140 necks. That's exactly why he did that to the water bottle. And he even said he explained it.
00:21:48.840 So he doesn't know why some of these people are acting like he didn't explain what he did with the water bottle.
00:21:55.540 He said some of the things that they're talking about him is either not the whole truth, the half truth or just plain out lies.
00:22:05.120 hmm okay so matt what could you weigh in on this because this have you ever seen anything like this
00:22:12.580 where there's a pile on by the other jury members of the one holdout after the verdict and then the
00:22:18.840 media is all over the guy like he's the one who strangled three children you know megan some
00:22:24.600 mornings i wake up and it's like this is a day megan kelly's gonna get me in trouble you know
00:22:28.380 and i'm so glad that mark is on the show today because this this broke right after we finished
00:22:34.420 our our taping last week and no mark is exactly right i i have never seen anything like this i
00:22:42.160 don't think anybody's ever seen anything like this this is this is mark calls it his red line
00:22:47.560 it's it's outrageous with a ton to this guy but if i could just weigh in and probably regret it
00:22:54.700 later um one of the things that mark that mark did not just say um is mark like me you know how
00:23:03.400 Gayle King's head exploded. Like I thought Fembot from Austin Powers, remember at the end when their
00:23:09.240 heads blow up because you can't process the information. Look, Mark and I have done the 0.88
00:23:15.680 majority of our cases in Southern California. And despite what you see in Real Housewives or
00:23:21.460 the OC, Orange County is only 36 percent white, whatever that means, like white jurors.
00:23:29.280 And, you know, I tried 133 jury trials in Orange County, Megan, and I never had a single black man vote against me at the end.
00:23:39.520 Not one. And what you see over and over again is you see these these young, idealistic kind of public defenders straight out of law school who come in and they buy into this media narrative that every black man in America has some some insurmountable chip on his shoulder and wants to subvert the justice system.
00:23:58.700 And they can't sit there like the same question is asked of every juror. Can you put aside any preconceived notions or any preconceived experience you had and decide the case based on your common sense, the law and the facts as presented?
00:24:11.780 Every juror is asked the same question. And this idea that a black man can't do that.
00:24:16.600 You see these young public defenders. And this is a little bit technical here, but a lot of judges use what are called six packs where you have the 12 12 seats with the prospective jurors.
00:24:27.820 And then you'll have six alternate or prospective alternates sitting in front of them.
00:24:32.040 So you can see the next jurors that are coming up that are going to be selected as you exercise your peremptory challenges. 0.52
00:24:38.720 And the you see this over and over again, this kind of soft racism where they will kick juror after juror after juror because you can see the black man coming up and then they'll they'll impanel them using their last peremptory.
00:24:53.100 And I mean, this is this is something I hope I'm not giving away. I hope I'm not giving away any playbook here. But you see that over and over again, Megan, where inexperienced defense leaders, not just public defenders, but they buy into the narrative.
00:25:07.800 and say, oh, that guy's going to be for me for sure. Mark will not be surprised at all. I cannot
00:25:13.240 tell you, Megan, how many times that guy has been the floor person of my jury corralling other
00:25:19.340 reluctant jurors into a conviction. And I did vertical prosecution for 21 years, sexual assault
00:25:26.580 and homicide. Not one case in 133 jury trials in Orange County did I have a black man vote against
00:25:34.840 me at the end, not a single time. So Mark wasn't surprised. I'm just going to have to sit with that 0.93
00:25:40.620 for a minute. Yeah, sit with that. I have to sit with that. Do you want to process? Let me tell
00:25:45.960 you, let me tell you why not. I can process it and I'll tell you why, because I'm, I'm, I've
00:25:52.580 disavowed my whiteness. Like the other clip we had from that woman, what did she say? I'm a
00:25:58.740 non-practicing white. That's what the white young woman said, like some millennial or Gen Z, or
00:26:04.420 She's like, I'm also upset about this, but I'm white, but I'm a non-practicing white. 0.59
00:26:08.880 So so anyway, that's what that's what I'm going to be from now on so that I can check all the boxes and I get all the minority hiring and benefits. 0.73
00:26:16.720 I'm going to tell my children to check the box on non-practicing so we can check whatever box we want. 0.60
00:26:21.560 People have gone crazy over the race issue and the fact that the holdout is a black man. 0.69
00:26:26.020 And God forbid a black conservative, as I said at the top, the most controversial thing you can be in America. 0.68
00:26:31.900 But here's what I want to know, Mark. What what can be done now? Like, because, you know, Kevin Reddington's wheels are spinning. You know, how can I because you just brought on this defense lawyer to the defense team who's going to argue double jeopardy. 0.96
00:26:47.880 And that's kind of an interesting argument because there wasn't a verdict.
00:26:55.060 That's the whole thing is that it was a mistrial.
00:26:57.320 But I think he's getting ready to argue because he didn't want the mistrial.
00:27:01.820 Unlike the Karen Reed case where they agreed to a mistrial, he didn't want the mistrial.
00:27:08.740 So can he argue with this new defense lawyer that the judge did an insufficient examination of the holdout juror?
00:27:16.820 Now it turns out the holdout juror had a restraining order, which I'm not sure if he disclosed that he that wasn't hit specifically.
00:27:26.240 The prior arrest was hit specifically and that should have been disclosed and it wasn't.
00:27:31.960 And therefore, he shouldn't been on the jury. And you would have found that out had you voidered him more carefully, judge.
00:27:36.520 And therefore, the proper remedy was to bounce that 11, that 12th juror, which you didn't do.
00:27:41.380 And I had 11 willing to vote for me and therefore double jeopardy somehow attaches.
00:27:45.920 So they brought on, I believe, the same lawyer who made the argument in Karen Reed that the jury had found her not guilty on one of the murder charges before they went to the lesser included, which they were hung on behind closed doors.
00:28:04.340 They had agreed no to second degree and no to something else.
00:28:09.000 But but we'll we'll vote.
00:28:10.520 And then they got hung on on manslaughter.
00:28:13.200 Correct. And apparently the judge in the Reid case refused to poll the jury or ask them if they had reached a verdict.
00:28:22.620 And so they were unsuccessful on that.
00:28:25.500 In fact, a shameless plug for In the Well, we had Alan Jackson on on our last episode and we talked to Alan about that.
00:28:34.520 And then Matt, as he loves to do, then raised the Reiner case and it was fun.
00:28:40.600 but in this case you guys have been getting amazing bookings just given who you are because
00:28:45.600 you're celebrity lawyers and uh it's crazy i i look up i'm like who now who do they have
00:28:51.600 so the mark's the celebrity i was gonna say i'm the lawyer he's the celebrity he's the
00:28:57.860 the interesting part about this double jeopardy is there's actually two arguments that i'm sure
00:29:06.660 they're going to make. One is they're going to say that when the prosecutor injected mortal sin
00:29:14.400 the first time and then their witness the second time, the first time Reddington did not move for
00:29:22.380 a mistrial and he publicly said, I don't want to try this again. The second time he did move for
00:29:29.240 a mistrial after the expert witness volunteered the mortal sin. And the expert witness is presumed
00:29:37.700 to have known what came before him because experts are allowed. And frankly, it's necessary that
00:29:44.400 they're familiar with the evidence that's been testified to. So they're going to then say that
00:29:50.140 the prosecutor deliberately wanted the mistrial so they could get a do-over and that that is barred
00:29:56.160 under a Supreme Court case called
00:29:58.120 Oregon v. Kennedy. The second
00:30:00.280 argument I think they
00:30:01.960 will make is the one you just
00:30:04.180 said. Was there manifest
00:30:06.340 necessity?
00:30:08.260 And manifest necessity
00:30:09.800 is, did the judge
00:30:12.040 have to do it? When the defense
00:30:14.160 does not ask
00:30:16.060 for the mistrial or
00:30:17.720 say, we have no objection
00:30:20.040 or we consent.
00:30:22.600 Also, by the way, this
00:30:24.160 is a unicorn situation.
00:30:26.160 because this is another upside down world because you almost always in fact i laughingly matt knows
00:30:33.680 this he's heard me say this so many times i had to go to the court of appeal to get a published
00:30:37.560 decision to get law in california that says a mistrial hung jury is better than a conviction
00:30:44.600 because it is i mean it's it seems axiomatic but it is so he did not consent to it which is a
00:30:51.820 very rare occurrence and they're going to argue because he didn't consent there was no manifest
00:30:57.400 necessity the judge screwed up is what the argument is going to be and he was once in the
00:31:04.400 she was once in jeopardy and they cannot prosecute again i frankly think this may because everything
00:31:10.980 else about this case makes zero sense in terms of what usually happens this may be the one case
00:31:17.220 where somebody wins a once in jeopardy or the best one I ever had was a case in Van Nuys many years
00:31:25.060 ago where I had the judge writing after the mistrial to the head prosecutor. I granted the
00:31:31.840 mistrial by Garrigus because of prosecutorial misconduct. As soon as I put that notice in
00:31:36.860 exhibit, I got a misdemeanor on a life case, which Matt knows means they waved the white flag.
00:31:43.200 And I there I suspect also and I'll add one more thing and then want Matt to weigh in when people thought, including me, that Kevin Reddington had had a mini stroke or a Gayle King brain dysfunction when he when he asked Trump to pardon her.
00:32:02.000 look what ended up happening trump was questioned trump said there's you know federal doesn't work
00:32:09.120 but there's no winners and they ought to resolve the case basically if kevin did that intentionally
00:32:15.400 it's genius because he got exactly what he needed which was permission from the president to tim
00:32:21.420 cruz who was reportedly a um a staunch republican make this case go away interesting wait i the
00:32:30.840 The manifest necessity requirement saying that there's a statutory right against an unreasonable, substantial, or serious interference.
00:32:43.180 No, sorry.
00:32:43.680 Okay, I'm reading my packet here.
00:32:44.960 The manifest necessity, like the declaration of the mistrial has to have been by manifest necessity, but the case law on manifest necessity seems extremely clear that if the jury can't reach a verdict, you've got it.
00:32:57.600 And it doesn't matter whether the defense attorney wants to go along with it, Matt.
00:33:01.480 Yeah, I think Mark's Mark's analysis on what they're going to do appellate wise is exactly right.
00:33:06.960 I think that what the court is going to do with that, though, I think the court's going to look at this and they're going to say, Kevin Rennington, you had every opportunity to to voir dire this guy.
00:33:16.760 You had all of it. You picked him. And this is the process.
00:33:21.200 This is a guy who held out and that's the way it works. And I don't know if they want to open the floodgates to the idea that that a that a juror who's not going along with the rest means that somehow we've got to we've got to flush the case or anything like that because of these exact same reasons Mark just explained at the beginning.
00:33:42.920 And that is the vast majority of these, you know, 10 to 11 to one hangers are are for the prosecution.
00:33:50.280 It's it's 10 jurors that want to convict or 11 jurors that want to convict.
00:33:54.020 I just I think that the remedy here is a new trial.
00:33:58.240 And that's what they're getting anyway, theoretically.
00:34:01.000 I think.
00:34:02.040 Yes, no, that's that's that's can you just restate that?
00:34:04.560 Because one of my questions is, let's say Kevin Reddington is right that somehow Michael is a problem.
00:34:09.580 I don't know why Michael's a problem, but let's say he didn't disclose the restraining order.
00:34:14.780 He disclosed that there was a prior arrest six years ago in connection with the alleged abuse of his wife that then was dropped.
00:34:22.500 And that's all he discloses.
00:34:24.260 And he doesn't disclose.
00:34:26.120 And, you know, presumably Reddington and the prosecutor will attest to this, that he's currently under a restraining order because of his alleged beating up of the nephew.
00:34:33.940 you. And then Reddington is jumping up and down saying we would have wanted to know that both
00:34:40.480 parties would have wanted to know he was under a current restraining order and we wouldn't have
00:34:44.260 allowed him to sit on this jury. And therefore, normally the end of that sentence is we deserve
00:34:48.480 a mistrial. But he already has a mistrial. Like there's the appellate court, the trial court and
00:34:54.140 then the appellate court will both be limited in the remedies they can give him. And coming up with
00:35:00.620 a verdict of not guilty by reason of mental defect after everyone's gone home is not on the list.
00:35:08.340 No, it ain't going to happen in my view. I'll call that shot. And look, Kevin Reddington,
00:35:14.540 Kevin Reddington picked the guy, you know, and I've never seen I've never seen a defense lawyer
00:35:20.200 go out in open court and accuse a juror of committing a felony in open court like that.
00:35:27.100 I don't know. I don't think Mark has ever seen that either. And then what we've seen afterwards, you know, in this silence, Megan, your take is interesting.
00:35:35.040 There's another potential interpretation of how quiet Kevin Reddington is is being right now.
00:35:39.780 And that is he's a little over his skis, in my opinion.
00:35:42.620 And I don't know if this is true, but yesterday I read that he's been he's been having contact with Turtle Boy, who is a fixture in the Karen Reed case, who was charged, I believe, with felony conspiracy to intimidate witnesses.
00:35:56.420 And I just saw an exchange yesterday between the two of them. And again, I haven't verified. I don't know if it's true. But if he's communicating with a guy that has been accused of actively subverting the criminal justice system, Kevin Reddington has crossed that red line, in my view, that Mark was talking about. And he's he may be silent because this might have gotten away from him a little bit. I'm sure he's going to plenty more to say, but he's got if that he's one of the ones that disclosed the name.
00:36:22.700 He's one of the ones that disclosed the name of the juror.
00:36:25.200 And apparently he was in contact with Kevin Reddington.
00:36:28.220 That invites a state bar investigation that and look, and I don't know. 0.70
00:36:33.160 But oh, look, that that he may be quiet because if there's any truth to that, there's there's a text exchange purported to be between the two of them, which, by the way, was the most cringy, like, like back and forth ass kissing by Kevin Reddington.
00:36:50.020 if it's true. I hope it's not. But look, being a criminal defense lawyer, Megan, is one of the
00:36:54.760 most sacrosanct, important jobs in the American system of justice. And Kevin Reddington, love him
00:36:59.680 or hate him, did an outstanding job for his client. I wasn't a fan of his closing argument. I don't
00:37:04.480 think he should have called out the juror, but his opening was excellent. And that's an esteemed
00:37:09.440 thing to do that's very important in the criminal justice system. And if he has then finished that
00:37:14.400 And his next move is to cavort with some dude who has been accused of subverting the criminal justice system in another homicide case.
00:37:22.840 That's a that is a suddenly low move. 0.97
00:37:25.640 And I'm not saying me, but a lot of people could look at that and think Kevin Reddington is kind of a scumbag, if that's true. 0.82
00:37:31.980 OK, so and I don't know if it is, but that's that may be why he's being quiet right now. 0.95
00:37:36.780 That's another interpretation.
00:37:38.300 I don't know enough to weigh in personally on it, but that's another potential take.
00:37:43.540 And I'm with Mark on this. This is upside down world. And you've got an esteemed, a criminal defense attorney who just did exactly what criminal defense attorneys are supposed to do, zealously defending his client. And if he's gone from that to to potentially intimidating the future jury pool or trying to dock somebody for for disagreeing with the law, according to Kevin Reddington, if that's true, he could be in trouble.
00:38:08.860 And, yeah, I don't know what's going on in Massachusetts, but I guarantee there's people in the state bar that are looking at that.
00:38:14.920 There's some raised eyebrows.
00:38:16.040 If those text messages that I read yesterday are real between Kevin Reddington and frigging Turtle Boy, he may have, you know, bigger things to worry about than just this trial right now.
00:38:28.660 And one more thing.
00:38:31.300 I'm sorry, just one more thing.
00:38:32.580 A lot of people think that it is a lawyer's job to defend their client, and that is the paramount job of a defense lawyer.
00:38:40.480 Your primary ethical duty is as an officer of the court, and it's to the integrity of the process.
00:38:45.860 Your client comes second to that.
00:38:47.840 And this is – and Mark knows this.
00:38:49.320 I know this.
00:38:49.880 And Kevin Reddington ought to know that too.
00:38:51.840 So I hope all of those reports are false.
00:38:53.200 That's why they don't let defense lawyers suborn perjury.
00:38:56.200 That's why you can't, as a defense attorney, put your client on his desk and knowingly let him lie because your first duty is to the integrity of the court.
00:39:02.420 That's right. Not to getting your client. One of the reasons. Wait, let me let me just read the text messages that you're referring to that. We don't know whether these are true or not real. But there's this is circulating online purportedly from Kevin Reddington to Turtle Boy. Kevin Reddington allegedly writing looks like you had. This is from July 22nd. Looks like you had a great rolling rally off the record. You do a great job. Must much respect. You create Karen's innocence. I think he means Karen Reed.
00:39:30.700 No one else created and showed. And then the response purportedly by Turtle Boy is, well, thank you, but I think her attorneys have done a great job too. Reddington allegedly agreed. I know Dave Yannetti well, great guy and attorney, but make no mistake. You have created this more than reasonable doubt. You are an incredible investigative reporter, not kissing your butt, LOL. You are amazing.
00:39:52.320 And then, again, allegedly from Kevin,
00:39:55.340 I think we got off on the wrong foot, as they say.
00:39:57.160 I have come to amaze at your skills
00:39:59.420 as an investigative reporter
00:40:00.940 and agree you do not get the credit you deserve,
00:40:02.940 which I think will change soon.
00:40:04.540 I wish you would help me with Lindsay Clancy case.
00:40:08.000 Then the next day, Turtle Boy purportedly responds,
00:40:11.320 Kevin, I wrote positively about the Lindsay Clancy case.
00:40:14.320 It was the hardest story I've ever had to write.
00:40:15.920 Patrick Clancy is the strongest person I've ever seen,
00:40:18.240 followed by Karen Reed, but thank you.
00:40:20.280 So if that's real, it does raise the question about whether Turtle Boy got the name of this juror from Kevin Reddington, possibly as a thank you for his, quote, help with the Lindsay Clancy case.
00:40:35.900 And if so, he could be in a lot of trouble because the name of that juror is still under, I don't know if we can say under seal, but it's definitely being kept private and confidential by this judge, an order that he's just extended, given the abuse that's taking place right now of this juror in particular.
00:40:55.960 Yeah, look, it's just gross, for lack of a better term.
00:41:00.960 I hope it's not true.
00:41:02.880 I hope it's not true.
00:41:03.420 And I'm going to I'm going to defend him and I'm going to I'm going to take the what I think is.
00:41:10.980 Garagos has his own incriminating text with some potential juror shitster.
00:41:15.480 That's what I've just learned. 0.99
00:41:16.480 Garagos has never had an exchange kissing the ass of some blogger like or vlogger or whatever you call him in his career. 0.99
00:41:24.560 I will. As Mark defends him, I'm going to defend Mark. 0.99
00:41:27.480 There's just no way.
00:41:28.660 I'm just hoping and I believe that Kevin, what happened with Kevin was he came out of there.
00:41:35.320 He had invested so much into this case.
00:41:38.080 He was so hyped up or amped up that he probably, to borrow Matt's term, was over his skis in terms of what he was saying.
00:41:49.160 I think he regrets what he said, and that's why he's pulled back.
00:41:53.600 I don't think. I mean, you have to just understand how just kind of inside out, upside down this situation is. It makes zero sense for anybody who is practiced for any period of time doing criminal defense. It's so.
00:42:12.900 I get it. I get it. You said that. But wait, I just want to say two other things. That post, that exchange, alleged exchange that I just read was from July 22nd, 2023 during the Karen read. So that was that was not during this case. It was obviously forward looking and Lindsay Clancy was already under arrest and it was posted by Turtle Boy.
00:42:33.180 So it's not like some third party. This is Turtle Boy saying, hey, here's my exchange with Kevin Reddington. And Kevin Reddington has not weighed in on it. And this was posted just yesterday. So we'll see. Time will tell what happened there.
00:42:49.960 I want to keep going because there's this, what I think is a copycat case, a lot of folks
00:42:55.460 have said that, of Cori Walsh.
00:42:57.480 Now, Cori Walsh is an Illinois mother, and she has three other children.
00:43:03.600 She had four. 0.73
00:43:04.440 She killed her two-year-old boy, forgive me, viewer warning, but by hanging him to death.
00:43:11.100 And she was reportedly very, very intensely focused on the Lindsay Clancy case.
00:43:16.640 And now we're getting more details about what allegedly happened. TMZ is reporting that she rambled to police about having gotten a breakfast sandwich at McDonald's in the afternoon and started singing a tune from The Wizard of Oz about the Yellow Brick Road after she allegedly killed her two-year-old son, Barrett, on September 1st.
00:43:40.240 um she she then said that she went to a mickey d's that's how she put it for a breakfast sandwich
00:43:46.280 in the afternoon of course people said you can't get a breakfast sandwich and mcdonald's in the
00:43:50.100 afternoon but the point is simply this is i think obviously her team trying to make her sound just
00:43:56.280 out of it maybe she really was out of it her attorney robert care reportedly told the judge
00:44:00.840 all this about the mickey d's sandwich and the uh yellow brick road song while speaking to
00:44:06.340 investigators, that she was allegedly, her defense lawyer says she was in and out of consciousness
00:44:11.280 as she was taken away by EMTs. She was incoherently speaking to paramedics, telling
00:44:18.120 first responders they, quote, looked like her daughter. During an ambulance ride, she started
00:44:22.520 rattling off fruit names, her defense said. The defense is claiming she had a psychotic episode.
00:44:29.700 She did have an eight-month-old baby, similar to Lindsay Clancy, Matt, but her eight-month-old baby
00:44:35.620 was not killed. He was actually, I don't know if it was a boy or a girl, but the baby was left on
00:44:40.540 the floor upstairs. The two older children who are just school age, they're all very young,
00:44:46.320 came home from school in the middle of this event and ran to the neighbor. The neighbor came over
00:44:51.400 and saw poor Barrett in this condition. You can use your imagination and got him down,
00:44:58.680 tried to perform CPR. I mean, my heart goes out to that neighbor. That's a trauma from which that
00:45:02.900 neighbor will never recover and it was too late for that boy but now here we go again here we go
00:45:09.160 again matt though i will say having looked at it the standard for proving not guilty by mental
00:45:14.400 defect in illinois is a lot tougher than it is in massachusetts yeah that's right it's a different
00:45:19.800 it's a different standard um but did you see the shooting to segue for a second uh megan with uh
00:45:26.000 in times square with that woman the crazy woman with the knives who killed that poor that poor
00:45:30.580 woman did you psychotic episode the her brother the very first thing her brother said uh when he
00:45:37.300 was interviewed was she's got postpartum and it turns out her son was either 23 years old or 28
00:45:43.500 years old something like that so this is a this is going to be a thing we're going to see this as a
00:45:48.260 defense over and over again hopefully this isn't a copycat this situation hopefully this is a woman 0.99
00:45:53.200 who's suffering from, you know, some disconnection from reality and some psychotic state or whatever 1.00
00:46:01.480 and she wasn't inspired by Lindsay Clancy, that would be horrible.
00:46:05.660 But look, in Illinois, they use the McNaughton Rule.
00:46:09.820 It's the same as in California.
00:46:11.720 It's one that Mark and I have dealt with our entire careers, and that is a much tougher standard.
00:46:16.700 And the difference is—
00:46:17.480 Can you summarize it, Matt, for the audience?
00:46:19.360 So the McNaughton rule says basically you can be mentally ill, but the mental illness must be such that you do not understand the nature and quality of your actions when you kill.
00:46:28.820 In other words, you're howling at the moon. 0.98
00:46:30.720 The example we always use is devil pops up on your shoulder and says, go over there and kill that person or I'm going to blow up the world. 0.69
00:46:36.380 That means the person, the defendant still knows it's a human being that they're killing.
00:46:40.300 They're criminally responsible under those circumstances.
00:46:43.140 If the devil says, go stab that banana over there, that space alien, they don't understand that it's a human being.
00:46:49.800 And when they do it, they're not criminally responsible or they're legally insane.
00:46:54.320 Massachusetts uses what's called the McCool Rule, which has a third prong.
00:46:58.400 And that says you can, if you're suffering from mental illness, even if you know right from wrong, if you're unable to control your conduct to the requirements of the law, you can still be found criminally not responsible is the language that they use.
00:47:10.620 So they've taken away the term insanity.
00:47:13.140 So that's the difference.
00:47:14.140 So it gives a whole – a completely different kind of trial in places that follow Macquarie, which is – Massachusetts is the only one I know of.
00:47:23.000 How does this likely go when you're getting out into the ether?
00:47:25.900 She's naming off fruit names, and she's calling the paramedics, oh, you look just like my daughter, and she's singing The Wizard of Oz tunes.
00:47:33.440 and her alleged reason for killing her child 0.97
00:47:37.980 was that she said she thought he was the devil
00:47:40.580 and the antichrist.
00:47:44.100 I mean, maybe she actually did think that.
00:47:47.100 Like, I don't know.
00:47:48.040 And if you can prove she actually thought that,
00:47:51.340 I mean, obviously the child wasn't,
00:47:53.000 but like, if you can prove she actually thought that,
00:47:55.300 is that a not guilty by reason of mental defect in Illinois?
00:47:57.880 Arguably, but I think what really happens in these cases,
00:48:02.200 We sometimes glom onto them and say they're copycats, obviously, because it's the first thing the brain does.
00:48:10.040 But to some degree, I've had the unfortunate happenstance over 40 years of dealing with many, many people who have mental health challenges.
00:48:21.640 What they do is they glom onto, in a very real sense, whatever is kind of in the news ether or cultural ether.
00:48:34.020 Wizard of Oz is not, but Lindsey Clancy clearly is.
00:48:38.120 So I can go back over the last 40 years and I can tell you when there's somebody who's in the throes of one of these psychotic episodes, whatever is in the news tends to trigger with them.
00:48:51.320 I'm sure you get, Megan, more than your share of people who are obviously disturbed, who are fixated on something, and that fixation starts to become part of their ideation. And I'm hoping that that's what this is. It sure resonates more to something like that, especially when you throw in the Wizard of Oz.
00:49:12.260 It's dark.
00:49:13.360 I mean, that's one of the downsides of this case having become so public, the Lindsay
00:49:16.920 Clancy case, not to mention the pink shirts and all the, you know, empathetic coverage 0.87
00:49:21.980 of poor Lindsay, where I do think these, you know, suggestible disturbed mothers out there
00:49:27.600 are suddenly considering this as an option. 0.73
00:49:31.060 Okay, I want to end on this, Garagos.
00:49:33.440 You and I have talked about the Menendez brothers many times, and it just broke that, and they're
00:49:39.600 your clients, that they're getting a parole hearing in March of 27. And this is much sooner
00:49:47.600 than anybody expected them to get, because apparently the rule in California is you have
00:49:51.120 to go three years in between these hearings. But you and I just last talked about this in 2025,
00:49:55.900 where they had a parole hearing and it didn't work out, even though you told me they were going to be
00:49:59.600 home with you by Thanksgiving, but they weren't. So what? Thanksgiving 2027? Is it back on? What's
00:50:07.500 the story here. Okay. So in California, there's a rule that when you have the parole hearing,
00:50:12.140 if you get a denial, the parole board can do it for three years is the minimum, which is what they
00:50:18.580 got. And in my defense, the parole hearing that they got was within two months of when we got
00:50:27.640 them resentenced. So understand that they had a resentencing in May where they were eligible for
00:50:35.600 parole the governor had already given them a suitability hearing which hasn't been done for a
00:50:41.200 while converted into a parole hearing boom so they got the three-year denial if you are infraction
00:50:48.440 free and you're basically doing all of the programming which you are suggested to do by
00:50:56.880 the parole hearing board they get to advance it halfway through hence why 18 months from last
00:51:03.840 August, they're going to get their next one. All right. In 30 seconds or less, are they going
00:51:09.320 to get paroled? I believe they should. I mean, you saw yesterday that the district attorney of
00:51:14.840 Los Angeles said, I'm not going to seek the death penalty on Nick Reiner precisely because what you
00:51:21.260 and I talked about, Megan, that the family would not want it or didn't want it. And if the family
00:51:27.200 here is unified every single living member of the menendez family wants them out it's time
00:51:33.860 all right in 20 seconds or less matt do you agree they're going to get paroled or they should be
00:51:38.420 well eventually the the california board of prison terms is going to parole them i i think but that's
00:51:43.760 really mark is the mark knows everything about that case i've got opinions but um but that's
00:51:49.080 mark's case um but yeah i in my experience with bbt yes they're gonna they're gonna get out after
00:51:54.220 Gascon did what he did. I'm just going to say I'm not going to Garagosa's for Thanksgiving. Matt,
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00:54:06.140 We're back now with Kelly's Core,
00:54:07.920 which fits with our latest NK
00:54:09.700 Confidential series this week,
00:54:11.840 featuring the story of Casey
00:54:13.720 Anthony. We are calling it
00:54:15.580 pathological for good reason. Here's a quick look at last night's episode.
00:54:21.760 Friday, June 27th, Casey is supposed to come back. Instead, she is allegedly now in Jacksonville,
00:54:29.140 seeing whether she and her dear friend, Jeff Hopkins, have a future. And her car has developed
00:54:35.340 problems as well. She claims Jeff does not want her driving be 141 miles to Orlando in it,
00:54:41.900 so he has put it in the shop. That same Friday, the white Pontiac Sunfire, registered to Casey's
00:54:48.240 parents, runs out of gas on East Colonial Drive in Orlando. Casey, who is not in Jacksonville,
00:54:56.980 pulls the car into the lot of a payday loan store called Amscot, parks it next to a dumpster,
00:55:03.000 and leaves. She tells Tony her father will come and get it. She does not tell her father about it.
00:55:09.740 Oh, this like, it's incredible what happened in this case and reliving it. You can't believe this case went how it went. So we're delving deep into it. It's gotten great viewer feedback. Everybody loves MK Confidential. Thank you all so much.
00:55:25.860 We are in the eighth of eight weeks on this ongoing series, which will then launch and morph into something different after the eight weeks because there's only so many resources in the day.
00:55:38.420 But we love that you guys all love it so much.
00:55:41.620 Three more episodes out each weeknight this week.
00:55:44.300 Catch it while you can on the MK YouTube channel and podcast feeds.
00:55:48.000 Joining me now on some additional legal cases are Dave Ehrenberg, co-host of the MK True Crime Show, and former litigator, not to mention, along with former litigator and Rumble creator, Viva Fry.
00:56:00.400 Guys, welcome. Great to see you again. There's a lot to go over, but we, I think, need to start with this unbelievable Charlie Kirk lawsuit.
00:56:09.420 I mean, to me, it seemed like just a matter of time before some sort of litigation was filed, whether it was by Charlie's team against, forgive me, his security guards or TPUSA and Charlie's family against UVU.
00:56:28.000 It just seemed to me as a former litigator, someone was going to be on the receiving end of that finger of blame, because clearly, while the shooter is responsible for Charlie's death, he wasn't well protected that day.
00:56:42.480 He was not well protected.
00:56:44.180 It's not one of those situations where you looked at it and you said, well, I mean, we're only human.
00:56:48.460 You know, I mean, there's only certain things we can protect against.
00:56:51.620 No, this was foreseeable.
00:56:54.200 You know, Charlie was shot and killed in September of 2025, and it had been 14 months earlier that Trump was shot from a rooftop in a similar looking situation where it almost had an amphitheater feel by a young man of virtually the same exact age as Tyler Robinson and so on.
00:57:18.160 So it's like, of course it was, I mean, almost everybody's first reaction after they got over
00:57:22.900 the shock and horror that Charlie had been murdered was, from the roof?
00:57:27.640 Really?
00:57:28.620 Like, how?
00:57:30.140 How was that mistake made?
00:57:32.200 So what's just happened is his family has filed what's called a notice of claim.
00:57:39.100 And that's a notice that you are getting ready to sue.
00:57:41.900 You are getting ready to file a civil litigation against UVU, Utah Valley University, and several
00:57:48.120 of its top executives, its president, its head of security, and some others have been named,
00:57:52.380 along with its campus police force, saying that there were negligent behaviors in preparing for
00:58:02.000 Charlie's visit. And Dave, they're saying that among other things, because they go through how
00:58:09.500 this was the duty of the school to keep him safe, they understood it was a very charged political
00:58:13.740 environment at the time from the two, well, the multiple attempted assassinations of Trump to what
00:58:18.260 happened to Nancy Pelosi's husband to what happened in Minnesota with those two state lawmakers.
00:58:22.680 And then they alleged the following in their notice of claim. Turning Point USA passed along
00:58:27.360 a student concern about the risk posed to Mr. Kirk by accessible rooftops on campus.
00:58:33.020 Specifically, TPUSA texted, hello, Chief Long, the campus police chief. We received this message
00:58:39.320 today from the student group, quote, there is student roof access pretty close to where Charlie
00:58:44.780 Kirk will be set up at Utah Valley, the Sorenson Student Center, as a couple of staircases that go
00:58:50.540 up to the walkways on the roof. When a TPUSA official informed Chief Long of the concern
00:58:55.940 and asked, quote, if this is true, it would be nice to either have a controlled access
00:59:00.520 or allow one of my guys to be there as well, if possible, Chief Long responded by saying, quote,
00:59:06.360 I got you covered. Chief Long's text message did not invite or even allow TPUSA to take any steps
00:59:13.700 to secure the risk of unsecured rooftops. So what do you make of it?
00:59:18.420 Good to be with you, Megan and Viva. Yeah, this is a legit lawsuit. They're going to run into the
00:59:23.320 sovereign immunity hurdles. But as far as the facts, the family is arguing that indeed the
00:59:28.400 officials ignored warnings from TPUSA security team about the rooftop. And it's more than that.
00:59:34.540 It's also that the school did not conduct a meaningful risk assessment.
00:59:39.380 They didn't secure a perimeter.
00:59:41.160 They didn't even use metal detectors, apparently.
00:59:43.140 That should surprise people.
00:59:44.620 They didn't monitor campus security cameras in time.
00:59:48.000 And it was so bad, as far as the number of police there, that Charlie Kirk had to be
00:59:53.560 transported to the hospital in a private vehicle rather than an ambulance.
00:59:57.880 So they were totally caught flat-footed.
00:59:59.680 i mean not to get really dark here viva but even when i took my tour there was an ambulance
01:00:06.760 outside of every venue look just god forbid something happened it's i don't mean i mean
01:00:13.400 it's very dark that was like the one when we planned the security that was the one thing that
01:00:17.740 i was like oh my god that's serious but all the security team said that's what's done in
01:00:23.240 responsible security planning you know yes god forbid something were to happen to myself or one
01:00:28.860 of my guests, but also God forbid something were to happen to one of the audience members. Like we
01:00:33.120 wanted something there. And at one tour stop, somebody had a medical event and we used the
01:00:38.360 medical services. But I see the point, which is where was the ambulance? You know, and Dave's
01:00:44.580 right. They're alleging they did not conduct a meaningful risk assessment before approving the
01:00:50.200 outdoor location. Police did not have a written security plan for the tour event. The parties did
01:00:54.920 not have a security briefing before the tour event where the risks associated with unsecure
01:01:01.140 rooftops on campus were discussed. I mean, so one wonders what exactly was done.
01:01:07.420 It's not just that it's, you know, it was not unforeseeable. It was predictable. It had happened
01:01:13.120 barely a year earlier. And, you know, when they say the notice of claim alleges that there were
01:01:18.320 only six police officers for a crowd of two or three thousand people, it's just dereliction
01:01:24.820 of duty it's it's criminal negligence it's civil negligence uh and i know what people are going to
01:01:30.020 say they're going to say well at the end of the day the buck stops with charlie's security team
01:01:33.880 and if it was that you know a week of a perimeter or unsecured roofs or you didn't get the proper
01:01:39.080 assurance you don't let him take the stage that's a fair argument and you know that's a something
01:01:44.500 that his security team's gonna have to live with and answer to for the rest of their professional
01:01:48.500 careers but at the end of the day when they say yeah we got you covered a you know whether or not
01:01:54.000 negligence to rely on that assurance how the hell do they leave the sole rooftop unprotected this is
01:02:01.100 as bad as the pac-man perimeter in butler pennsylvania where you literally had carved out
01:02:06.240 this the the the best vantage point from which to take the shot in butler and then you say well it's
01:02:12.280 it's negligence of the secret service to let trump take the stage when there's an identified threat
01:02:15.980 all of that but this is beyond the pale and when you want to get to the conspiracy theories and
01:02:21.580 And it's so beyond the pale that you say people say you can't be this this bad by accident.
01:02:26.140 So there has to be some deliberate conduct to it.
01:02:28.440 You can't blame people for feeling that way when people have advanced knowledge of something
01:02:33.680 going to happen, making social media posts and the campus security doesn't secure the
01:02:38.600 most obvious vantage point from which to take a shot, which leads people to say, oh, my
01:02:42.580 goodness, it must have been impossible to get to.
01:02:44.300 This must have been a professional sniper job.
01:02:46.120 Somebody's, you know, scaling walls.
01:02:47.480 this was you step over a fence from what everyone has testified to and you're on that roof that was
01:02:52.680 unsecured with a clear line of sight in an open auditorium like a sitting duck so a suit itself
01:02:59.000 is obviously well the suit the notice of claim is well grounded people are going to say well the
01:03:04.360 buck ought to stop with charlie's security team they must be on and yada yada yada bottom line
01:03:08.480 a lot of people have a lot to answer for in terms of how the security lapse inexplicable security
01:03:13.500 lapse was allowed to occur. And we'll deal with this question of sovereign immunity and whether
01:03:18.440 this school has it in one second, Dave, but just staying on the principal notice of claim for a
01:03:22.480 minute. The head of Charlie's security team is a guy named Brian Harpool. He went on Sean Ryan
01:03:32.500 last year, or I think it was last year, and he was raising this exact issue that he and his security
01:03:41.460 team had asked about securing the rooftops and dealing with UVU's police force, and that they
01:03:49.760 were assured the police force had it. Here's that soundbite, SOT19. On Monday before, this
01:03:57.220 correspondence went to Chief Long. Hello, Chief Long. We received this message today from the
01:04:03.020 student group. There is a student roof access pretty close to where CK will be set up at the
01:04:09.100 Utah Valley, the Sorenson Center, has a couple of staircases that go up to walkways on the roofs.
01:04:17.240 He comes back, and for edification, the Sorenson Center was the building in front of the Lucy Center.
01:04:24.180 And so, he comes back and says, you want access to the roof.
01:04:30.740 And came back and said, I was told students have access above us.
01:04:35.480 if this is true, it would be nice to either have it controlled access or allow one of my guys to
01:04:44.120 be there as well, if possible. He comes back and his last correspondence was, I got you covered.
01:04:53.620 So there it is. Pretty clearly, I got you covered, Dave. Now, you know, Brian Harpool has been
01:05:00.840 the subject of a fair amount of scrutiny and some revulsion in response to that soundbite,
01:05:09.120 you know, from people saying that wasn't good enough, that you should have made sure you were
01:05:15.280 getting paid to make sure it was covered. Um, and I understand that there's obviously a frustration.
01:05:22.140 I think all of Charlie's guys really loved him. And as Viva says, we'll have to live the rest of
01:05:28.060 their lives with what happened to him. And I've met some of them, and they're good and lovely men
01:05:33.920 who, I mean, they'd give anything to have a do-over on that day. But to the point of this
01:05:40.580 threatened claim, that's a terrible text for UVU. It is, because it destroys the unforeseeability
01:05:48.820 defense. The single biggest shield for a university in a liability lawsuit is arguing. We couldn't
01:05:55.920 have foreseen something like this would happen. But if private security flagged this unsecured
01:06:01.880 elevated viewpoint that overlooks the open air quad here, and then they brushed it off,
01:06:08.140 I mean, saying I got this isn't enough. Did you do anything about it? Not your words,
01:06:13.200 your actions. Then the danger becomes entirely foreseeable. And that can actually punch a hole
01:06:18.480 in the inevitable sovereign immunity defense, because it moves it away from a discretionary
01:06:24.060 decision to pure negligence or recklessness in the way that they acted.
01:06:30.320 Okay, so that that's very interesting, because UVU is a state university viva. And state
01:06:37.000 universities generally are state entities across across the country, generally have sovereign
01:06:42.120 immunity from lawsuits. And the reason for that is that if they're forced to pay, it's the taxpayer
01:06:46.680 who is forced to pay. And therefore, we've made decisions as states, and in some cases,
01:06:51.800 the federal government that we don't want that. We don't want the taxpayers of Utah on the hook
01:06:56.680 for millions of dollars because some effectively civil servant made a terrible decision at UVU
01:07:03.400 that day. But sovereign immunity does have some exceptions. So the general law, the Governmental
01:07:09.120 Immunity Act of Utah, we pulled it, reads in part, a governmental entity, its officers and
01:07:14.760 its employees are immune from suit and immunity is not waived for any injury approximately caused
01:07:21.060 by a negligent act or omission of an employee committed within the scope of employment if
01:07:27.480 the injury arises out of or in connection with or results from the exercise of that
01:07:31.700 behavior, especially a discretionary function.
01:07:35.120 And so what Dave is saying is if you can argue this was worse than negligence, this was worse
01:07:41.240 than a negligent act or negligent omission, and it wasn't a discretionary function that
01:07:48.320 was being performed here.
01:07:49.340 you might be able to get around the sovereign immunity defense that absolutely UVU is going to
01:07:56.620 raise if this case gets filed. I do think that's going to be a challenge. It's a high bar to get
01:08:03.220 around sovereign immunity and, you know, to prove active malfeasance here as opposed to just 0.97
01:08:09.060 negligent fools who didn't adequately bank on the risk of what would happen. It'll be a challenge, 0.95
01:08:17.240 But I don't I don't know if it's an insurmountable one necessarily.
01:08:21.160 What do you think?
01:08:22.260 They'll argue it.
01:08:23.880 How about you take it one step further and suggest that this might have been deliberate?
01:08:27.340 Like if someone says, I got you covered and then does jack squat to actually cover that which they said they have you covered for.
01:08:34.500 Forget negligence or argue that it was deliberate misconduct.
01:08:39.340 Or you can go just reckless in between negligence and intentional is reckless.
01:08:43.980 and we're i think you could you have a good argument we're there to to tell the security
01:08:49.440 force we've got it and then not do it i mean it yeah you could make the case you have butler
01:08:55.220 pennsylvania that occurred earlier they know that it's a risk they know that it's an mo
01:08:59.160 they raise it to the attention of the security at uvu they allegedly prevent or don't allow
01:09:05.380 charlie kirk's own security team to to deal with the threat they say we got you covered
01:09:09.800 and then literally leave it open
01:09:11.740 in the most negligent of ways.
01:09:13.380 Now, I appreciate people are going to go back
01:09:14.940 and say it's up to Charlie's security team to say
01:09:17.000 if it's not secured, we're not letting him out there.
01:09:19.800 But people in the chain of human error
01:09:22.400 have to look back to that incident
01:09:24.400 that happened in South America
01:09:25.300 with the woman bungee jumping off a bridge
01:09:26.940 and they threw her.
01:09:28.560 Oh, that was awful.
01:09:29.480 You have five people involved
01:09:30.820 and they literally threw her off the bridge
01:09:32.360 because not one person decided to say,
01:09:34.040 where is the rope attached to?
01:09:36.140 And at the end of the day,
01:09:37.120 you're going to look at the security team
01:09:38.180 They're going to say it's their bottom line decision to say, where is the rope attached to?
01:09:42.380 Is it a good knot? Is it secure? Set that aside in the sequence of events.
01:09:46.620 You can see how these things get lost in the shuffle, so to speak.
01:09:49.460 But someone has to answer it for it at the end of the day, because it was a risk that was brought to their attention and the risk materialized in the most awful of manners.
01:09:57.460 And so they don't just get to wash their hands and say, well, you know, no duty to care.
01:10:01.380 You know, sovereign immunity. It wasn't negligence. No, it clearly was at best.
01:10:05.860 I just do ask the question whether or not it was something far more sinister in terms of people deliberately leaving an access point for the easiest of shots to occur while assuring the security team that they had taken care of all of the weak spots.
01:10:19.580 I mean, I get it. Charlie was extremely controversial. He wasn't exactly beloved by the university set. And I don't know whether there was an active dereliction of duty on anybody's part. Like, they just didn't give a damn what happened to him.
01:10:37.680 Because you pointed it out a minute ago, Viva, getting on that roof could not have been easier.
01:10:43.240 I mean, truly, if you wanted to set Charlie up for a catastrophic event, you wouldn't have done anything differently.
01:10:50.940 You really wouldn't have.
01:10:52.480 Ryan Enten, great reporter with NewsNation, he went to that rooftop right around the preliminary hearing, Dave, and he filmed himself getting on top of it.
01:11:02.400 It's easy as pie.
01:11:04.520 here's the video of him doing what the shooter is accused of doing the um courtyard where the
01:11:11.840 shooting happened is right back there but this is all you know public area where people walk around
01:11:16.440 if you just go up these stairs right here i'm going to walk up the stairs
01:11:20.680 you're suddenly up here this is a
01:11:26.920 this is a walkway here okay so you can get between buildings here um and on this side
01:11:36.720 it's now gated off this was not gated off before the charlie kirk assassination but it is now
01:11:44.020 gated off basically what investigators say tyler robinson did is this gate wasn't here so he just
01:11:49.440 walked right over to that short little uh gate that you see over there that that more permanent
01:11:54.080 gate and then all you had to do is just go right on top of that which would anybody could do it
01:11:58.840 just take a second and then walk out on the roof and right over there on the edge would be a direct
01:12:06.100 view just the perfect line of sight to where charlie kirk was speaking and the so-called
01:12:13.120 fence that he would have had to go over for the listening audience is maybe three feet tall with
01:12:18.020 rails on it, like wide open rails, maybe three rails and a foot in between each rails, almost
01:12:24.160 inviting you to place your foot on the rail, swing your other leg over and pop right onto the
01:12:29.420 rooftop. Yeah. And there are accounts that students frequently partied up there. They hung out up
01:12:34.240 there. There's trash, beer bottles up there. And so this was an unsecured, unmonitored, high
01:12:39.520 vantage point overlooking the main quad where thousands of people had gathered. So I must say
01:12:45.980 And I respect what Viva is saying, but after being in government for so many years, it's just so much easier just to say it's incompetence than it is a bank on ineptitude.
01:12:58.420 Right. Then a calculated here's a plan, because what is the police, the local police chief inside the school get out of it by letting someone kill Charlie Kirk on his watch?
01:13:07.680 I think he gets lawsuits. He gets to lose his job. He gets possible just never get to work again in the security area.
01:13:15.240 So I don't think it benefits anyone to have this done.
01:13:18.880 I just think the easiest explanation is pure incompetence.
01:13:22.420 It's stunning when you read like all the stuff about what they didn't do.
01:13:28.400 You know, I read some of it, but they also allege this in the notice of claim.
01:13:33.620 Placing a politically controversial figure like Charlie in an outdoor event in the quad,
01:13:37.940 surrounded by tall buildings and other elevated observation platforms,
01:13:41.460 is accurately described as walking him into a fishbowl.
01:13:45.240 The UVU parties could have declined to approve the tour event in the outdoor quad location or could have moved the venue indoors or to a more secure location as it had done for controversial speakers in the past.
01:13:58.640 Nevertheless, the UVU parties approved the event to be held at an outdoor venue, dramatically increasing security risks, but did not dedicate resources necessary to address the enhanced risk this approval created.
01:14:09.800 And they spoke about how, Viva, they write about how the parties, they only assigned six cops from the campus police to the outdoor tour event that ultimately had about 3,000 in attendance.
01:14:20.860 The chief and the campus police, Jeffrey Long, requested approval from the UVU president to allocate more than six officers, but the president declined.
01:14:31.200 They denied. Astrid Tuminez denied the request.
01:14:36.380 Then they fail to ask for assistance from outside police forces, such as the Orem or Provo Police.
01:14:42.700 They write that the Orem Police, with whom the UVU has law enforcement cooperation agreements, didn't receive a call for assistance until after the assassination.
01:14:52.080 I mean, my God.
01:14:54.880 And it's like, look, I understand this is exactly the kind of thing that one's security team would be thinking about.
01:15:02.500 Do we want to have an outdoor event?
01:15:04.260 It's surrounded by tall buildings. It's going to be like a fishbowl. Let's do it inside. And, you know, I know that at least at other times, Charlie was the one who wanted it outside because he wanted to pass her by to hear the debate and possibly be engaged by it and come over and be persuaded, you know.
01:15:29.360 So all of that will be relevant and will be raised, but there are teams of people who are
01:15:35.900 assigned the responsibility of keeping an on-campus speaker like Charlie Kirk safe.
01:15:41.720 And in this particular instance, yes, it's his security team and the campus police.
01:15:47.140 And in your normal negligence case or civil case, alleging something higher than negligence,
01:15:52.820 worse than negligence, that would just be about apportionment, Dave, right?
01:15:57.100 Like, out of the 100 percent responsible for securing the venue, how much was Charlie's team responsible and how much was UVU responsible?
01:16:08.060 And that would typically be a jury question.
01:16:10.060 Yeah, it depends on the law of Utah, whether they have that apportionment.
01:16:13.180 Some states have it where every person, even not on the ballot, gets to be apportioned some percentage of blame.
01:16:19.680 Others, it has to be 50 percent plus one.
01:16:22.360 So it depends on whether Utah's adopted what standard.
01:16:26.720 But it will be a part of any civil litigation that Charlie Kirk's own security team at least
01:16:34.100 deserves some of the blame.
01:16:35.360 So you can count on that.
01:16:36.400 I think what's going to happen, Megan, is that they're going to claim sovereign immunity
01:16:40.100 and then there'll be some litigation where there's an attempt to get around it and then
01:16:44.380 the university is going to cut a check.
01:16:45.860 I think that the state of Utah University will eventually settle.
01:16:49.200 It's much easier to get this out of the media than to deal with this for years to come.
01:16:54.060 hmm viva they the the business of the text message to the head of charlie's team saying we've got
01:17:03.560 you covered to me it's almost like the good samaritan you know a guy he's drowning in the
01:17:12.680 lake and you're and and the good samaritan sees him drowning now the good the would-be good
01:17:17.340 samaritan actually has no legal duty whatsoever to rush in there and try to save him none whatsoever
01:17:21.260 All the law is very clear on that.
01:17:23.080 You can watch him drown and do nothing about it.
01:17:25.240 But if you choose to go, then certain duties do generally attach.
01:17:30.820 And if you say, I've got it, and you run into the water, and then you get close and you're like, just kidding, and you watch him drown, and others didn't go because you went, now this is like something that would appear on the bar exam.
01:17:44.940 You know, can the Good Samaritan in these circumstances be held liable for effectively
01:17:51.100 waiving off other Good Samaritans?
01:17:54.540 And so I think that's kind of what we're looking at here, where the head of the campus
01:17:58.700 police said, we've got you covered.
01:18:01.440 And if he had said, we definitely do not have that covered, I don't think there's any doubt
01:18:07.020 that Charlie's security team would have either canceled the event, insisted it move indoors,
01:18:12.240 or done something about the rooftops.
01:18:14.180 no here well the set aside the legal issues is whether or not they get this dismissed on sovereign
01:18:19.020 immunity assume this gets to the merits or deposition and my question is all right what
01:18:23.820 did you do after that text message you said you got them covered what did you do next if the answer
01:18:28.400 is strictly nothing i mean you've got a big problem if the answer is i delegated this to
01:18:33.880 mr miss x y and z well what did they do about it when dave says you know it's easy to attribute
01:18:39.380 this to incompetence. And by and large, you know, when we entertain, you know, conspiracy theories
01:18:44.820 in our heads, you understand what you can substantiate and what is just as easily explained 0.99
01:18:49.560 by human stupidity, human incompetence, human negligence. But when you view Charlie Kirk as a 0.99
01:18:55.520 future president, and many people did, when you view this as a future, a preemptive presidential
01:19:00.560 assassination, as I do, well, you know, people will turn a blind eye just to maximize the
01:19:05.980 potentiality of something terrible happening to that prospective future of these United States
01:19:11.380 of America. When it came to Trump, A, who suffered what radical consequences for the egregious lapses
01:19:18.880 of security that identified a threat, lost that threat in the crowd minutes before Trump took
01:19:23.420 stage? Trump still takes the stage. Who suffered any meaningful consequences as a result of that?
01:19:27.620 And by the grace of God, that could have been the end of Trump before he becomes president.
01:19:32.520 So, you know, people will turn a blind eye to the extent that they can.
01:19:36.660 I do wonder if there were activists somewhere in there who said maybe he doesn't get killed.
01:19:40.880 Maybe something bad happens. 0.99
01:19:41.960 And, you know, we don't like him because he spreads hate, as that jackass lawyer said during the arguments there. 0.98
01:19:47.640 You know, people will turn a blind eye. 0.98
01:19:49.000 It's a preliminary hearing.
01:19:49.700 Yeah, and it's not action.
01:19:52.000 It's inaction.
01:19:52.720 People can sort of justify inaction.
01:19:54.600 But, okay, it's one of two things.
01:19:56.300 It's egregious incompetence, negligence, false warranties and representations where they tell the security team,
01:20:01.900 no you don't get to go there we've got it covered you don't get to have a drone in the sky you're
01:20:05.820 not allowed we'll take care of it don't worry about it this is not so much a good samaritan
01:20:08.980 this is security at the university that is bound to provide security to the individual um so you
01:20:15.180 know it's incompetence at best but what came after that we got you covered because if the answer is
01:20:19.900 a big fat goose egg or something worse they've got a very it appears to be a goose egg a goose
01:20:25.940 it could be worse there weren't drones there wasn't a guard up there they had security cameras
01:20:33.160 rolling which show the shooter climbing onto the rooftop with absolutely no interference
01:20:38.340 running over taking aim and shooting charlie um nothing nothing virtually nothing uh was done
01:20:45.900 to secure well not not virtually as far as we know absolutely nothing was done to secure the
01:20:51.600 rooftops it almost seems like it was facilitated to give any prospective shooter the perfect
01:20:56.080 vantage point from which to take this shot which is another thing we're not to get into the
01:20:59.740 conspiracy theories uh which has been a source of a lot of debates here you know exploding mics uh
01:21:05.140 armed drones being deployed from low-flying planes why go through any of that when you literally have
01:21:11.560 the unsecured roof at 120 yards why would you need to do something so wildly uh riskier uh less
01:21:18.300 more difficult to execute. When you literally have a roof unsecured and you know it,
01:21:23.260 it's easily accessible. It's nothing that you have to scale. You know, rock climb 514s to get
01:21:28.220 to. This was a rooftop that everyone had access to that was unsecured. They knew it was a risk and
01:21:33.360 they, by all accounts, obviously failed to secure it. The only question is, is it grotesque
01:21:38.320 incompetence or something potentially more sinister? Yeah. Does it rise above negligence
01:21:44.020 and was it discretionary are those are the two things that are going to determine whether
01:21:48.700 sovereign immunity protects utah valley university from this lawsuit and it would be
01:21:53.040 decided before they have one lick of discovery i mean that's something that a judge would decide
01:21:57.360 on the papers right that to say it's a block right up front right and that's that's when
01:22:03.500 the check would be written if the judge rules that there is not sovereign immunity to block
01:22:07.620 a lawsuit then it's on then it's on and i think that's what the university is going to wait on
01:22:11.760 And I think ultimately a judge would rather not preempt the lawsuit and would just let it play out.
01:22:16.640 And that's when the university and the state, I think, will say, OK, let's settle this.
01:22:20.820 I will say this. There was a case, Richie Ledfers versus Emory County School District, Utah, 1993.
01:22:29.120 A student had warned school officials that other students had repeatedly assaulted him.
01:22:34.120 The principal promised to address it, but the student was subsequently beaten in an unsupervised gym.
01:22:40.860 His parents sued, alleging negligent supervision and failure to protect, and the Utah Supreme
01:22:48.500 Court found that the district was immune from the lawsuit.
01:22:52.500 So in that case, there had been prior violence against the student.
01:22:56.200 The student had warned the school that an additional attack was likely.
01:23:02.320 They did promise that they would protect him.
01:23:06.200 They didn't.
01:23:06.940 He was hurt.
01:23:07.440 And in that case, the Supreme Court of Utah said the district is immune, notwithstanding all that.
01:23:13.480 So these are some of the cases that will come up as it plays out on the merits or on the papers, at least, before we get to the merits.
01:23:20.140 Guys, thank you.
01:23:20.820 Don't go away.
01:23:21.520 We're not done, but we are going to take a quick break.
01:23:23.880 Oh, it's a heavy discussion.
01:23:25.200 It brings up the worst things, just the absolute worst things.
01:23:30.180 What is there to say?
01:23:31.140 no matter what they get. The claimants named in this notice of claim include Erica and Charlie
01:23:39.280 and Erica's two children, potentially Charlie's family of origin. And while I'd love to see
01:23:46.360 those two children get a check from the insurance company, insuring Utah Valley University,
01:23:54.280 what good does it do? You know, they need to be taken care of. They need college education. Well,
01:24:02.200 actually they don't. Charlie would probably be against that, but they need some sort of education
01:24:05.260 and they need life expenses as they go forward to be covered. But what good does any of it do?
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01:27:23.120 Hey, everyone. It's me, Megan Kelly.
01:27:25.180 I've got some exciting news.
01:27:27.100 I now have my very own channel on Sirius XM.
01:27:30.560 It's called the Megyn Kelly Channel, and it is where you will hear the truth, unfiltered, with no agenda, and no apologies.
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01:27:57.100 Dave Ehrenberg and Viva Frye are back with me. Guys, this is a bizarre case involving a former
01:28:04.480 player for the Atlanta Falcons, a reality TV star who starred on The Real Housewives of Atlanta,
01:28:11.340 in addition to another program that was her own Bravo spinoff, Don't Be Tardy,
01:28:16.460 Kim Zolciak, and their 15-year-old son, who is now in some serious trouble.
01:28:23.240 Um, he is being accused of sexually assaulting a girl, his age, I think a year younger than he is 14 at a gym. Here's Kim and there's the son in the background. And she's, she's getting a divorce from her former Atlanta Falcons player husband, whose name is Croy Bierman, the young, the child who she's made public.
01:28:47.780 and his name is publicly associated with this is Croy K.J. Bierman Jr. So he, here's the first
01:28:56.760 incident. Okay. It's come out that there, that there was a first incident involving this K.J.
01:29:03.220 He was charged in a juvenile sexual battery matter involving another young person. His lawyer has
01:29:11.040 said, hold your horses here. That was basically two kids being morons on camera. And that is 1.00
01:29:18.120 nowhere near the terrible incident that now the lawyer for the new girl is making it out to be,
01:29:24.880 or the prosecutors handling the new girl's allegation are making it out to be. But I'm
01:29:28.660 getting ahead of myself. That's just a little bit of background. April, 2026 is what we're
01:29:35.860 dealing with now. So page six reports that the alleged victim describes herself as the best
01:29:43.300 friend of KJ's girlfriend. So the defendant in this case is 15 and his girlfriend has a friend
01:29:49.020 who is the alleged victim in this case. Per Us Weekly, which got the police report,
01:29:56.460 prosecutors allege that KJ, then 15, sexually assaulted a teenage girl who was 14 in a changing
01:30:02.740 area at Lifetime Fitness in Alpharetta, Georgia. The victim reportedly had a regular chiropractic
01:30:09.020 appointment at the gym. Though he wasn't in the office that day, she opted to work out. Later,
01:30:13.720 while eating in the gym's cafe, she saw a friend later identified as KJ, 15, enter the facility.
01:30:18.900 She called out to him. They began talking, at which point KJ allegedly asked if she wanted to go
01:30:23.660 into the co-ed sauna with him, per the police report. The victim told police that she and KJ
01:30:29.540 had been friends for some time. In high school, she also described him as a flirty and joking
01:30:35.180 person. According to this 14-year-old at the time, a young woman, KJ was making jokes and flirting
01:30:42.180 with her as they walked to the family locker room. So clearly she agreed to go into the co-ed sauna
01:30:47.300 with him. Once they arrived in the room, KJ allegedly asked the victim to kiss him multiple 0.97
01:30:53.460 times. Quote, he grabbed her by the waist and started kissing her neck and grabbing her butt 1.00
01:30:57.960 with his hand and an open hand and kissed her lips, read the report, claiming KJ also touched 0.94
01:31:03.000 her private area on the outside of her pants and she, quote, froze. The young woman stated she told
01:31:08.160 KJ no multiple times and that he said something to the effect that she was lucky he wasn't making
01:31:12.940 her do it. He then allegedly pulled down his pants to expose himself and put his unit into the
01:31:19.740 victim's mouth. The victim claimed that KJ tried multiple times to have sexual intercourse with her 0.99
01:31:25.020 by trying to pull down her pants. 0.85
01:31:27.220 She stated there was nowhere for her to go,
01:31:29.840 that he had pulled her toward him,
01:31:31.860 always keeping his hands on her body,
01:31:33.600 also allegedly slipped his hands into her shorts. 0.55
01:31:36.880 She kept trying to get away.
01:31:37.800 She finally succeeded.
01:31:38.820 The victim reluctantly attended school the following day,
01:31:41.160 but left after seeing KJ's girlfriend, her friend,
01:31:45.360 and told her grandmother what had happened at the gym.
01:31:47.360 She also told police she had previously kissed KJ
01:31:50.000 consensually, is the quote.
01:31:53.480 According to officers, KJ and the victim were both seen on surveillance video going into the family dressing room.
01:31:59.140 About 20 minutes later, the victim exited the dressing room and headed toward the lobby while KJ made his way to the sauna alone.
01:32:06.600 Test results concluded there was no presence of male or human DNA in the victim's private area and mouth that did not belong to her.
01:32:14.540 Now, he's been arrested on aggravated sodomy and aggravated sexual battery charges and is being held in the Metro Regional Youth Detention Center, but is being, this is being prosecuted in adult court, even though he's only 15.
01:32:34.080 And that's one of the questions here.
01:32:37.300 The defense is trying to get this treated as a juvenile case because if it's not, this kid faces a mandatory minimum of 25 years, no parole, no probation.
01:32:48.480 His lawyer says it's difficult to comprehend that a 14- or 15-year-old child can be held in detention for a month or longer simply waiting for a bond hearing.
01:32:56.820 They did get a bond hearing eventually, and it was set at $200,000, which is no joke.
01:33:02.560 But this is a real he said, she said.
01:33:04.740 And the alleged victim, she came to court trying to get bond denied.
01:33:10.580 Here's a bit of that in SOT 21.
01:33:13.080 I am only 15.
01:33:15.300 I should be worrying about school, my friends, and normal things people my age worry about.
01:33:20.880 Instead, I have had to deal with the fear, stress, and the consequences of something that I never thought I would have to face.
01:33:28.520 The backlash I'm already facing has been unbearable.
01:33:32.280 I have lost friends, my peers think that I'm disgusting, and people making an already difficult situation even harder.
01:33:43.520 But what scares me the most is that this has gone beyond people just calling me.
01:33:48.740 I have already received threats from officials saying that if he is released, he will come after me.
01:33:55.300 DMs, messages to my friends and family, and posts threatening me because of me coming forward.
01:34:03.880 The thought of him being released scares me more than I can put his words.
01:34:09.100 If he is released, I am afraid the threats, calls, emails, and back questions become even worse.
01:34:16.420 The judge did allow bail, Viva, and he's been released on bail pending trial.
01:34:25.300 He clearly comes from a very messed up family.
01:34:28.860 I mean, that seems clear.
01:34:30.100 I'm just going to show you one other thing before I get you to weigh in.
01:34:32.660 This was an incident from December of 2023 via TMZ in which the kids called the police.
01:34:39.800 And you see this former Atlanta Falcons player, Croy Bierman, screaming at the officers about some of the problems in the family.
01:34:46.860 It's not 20.
01:34:48.240 We're just having an argument.
01:34:50.060 About what?
01:34:50.800 About our life.
01:34:52.500 OK, what happened?
01:34:54.040 It's her life.
01:34:55.220 It's destroyed. 1.00
01:34:56.340 Because this right here does nothing but fuel her b****. 1.00
01:35:00.680 I'm not doing this. 0.99
01:35:03.120 This is narcissistic behavior.
01:35:05.780 I'm not doing this.
01:35:07.720 I'm just trying to figure out what they are doing.
01:35:09.280 There's nothing to do.
01:35:10.220 You shouldn't even be here.
01:35:12.640 Who called you?
01:35:14.400 Your kids.
01:35:15.440 What kid?
01:35:16.880 You have kids?
01:35:17.860 I don't know.
01:35:18.420 Whoever's in the house.
01:35:20.560 We've been outside this whole time.
01:35:21.980 What?
01:35:22.200 What?
01:35:22.560 what what was the argument about our life would die our life destroyed why why is it getting so
01:35:30.560 heated because our life is destroyed what don't you understand there's no money there's no house
01:35:38.500 she wants we're getting divorced one day and we're not the next okay other men what do you want
01:35:44.760 just calm down calm down i don't have a life what's going on mr man i just like he's just
01:35:51.700 been screaming at me for like two hours like a crazy person like a crazy person
01:35:56.580 what not great hell is going on sorry but it's terrible i was just looking up the definition of 0.91
01:36:04.860 of um aggravated sodomy because i had to make sure that it involves unlawful or coerced oral 0.97
01:36:10.340 or anal sex um so it would explain the charges against the kid it's weird you hear a story like 0.94
01:36:16.180 this you got they're all allegations it's all he he says she says you're dealing with some 0.99
01:36:21.520 preconceived uh notions or or you know assessments that this kid's coming from a messed up house who
01:36:27.780 would have thunk that having a you know a football player father and uh that as a mother might you
01:36:34.920 know instill the wrong lessons of what consent means and what romance i mean who the hell knows
01:36:40.560 what this kid learned uh from these people of that are his parents that he thought was you know how
01:36:45.200 you deal with girls that you might have a crush on uh flip this is the mother by the way okay
01:36:50.640 sorry this is this this was one of the stories that was mildly new to me these are not things
01:36:55.620 that i've you know these are these are grotesque and and ugly stories to deal with just on the one
01:36:59.880 hand you you will never know what actually went down unless there's there is not going to be
01:37:04.760 video footage from inside the sauna but megan is this the story also where they found some
01:37:09.200 very problematic things, to put it mildly, on the kid's cell phone?
01:37:13.580 Yes, but that too is something that I'm confused about because the defense lawyer is really
01:37:22.220 hitting that hard, saying that is not what the prosecution has purported it to be. Here's the
01:37:28.640 DA, Deputy DA Caitlin McGillicuddy, speaking about what they previously found on the defendant's
01:37:35.180 cell phone, SOT 23.
01:37:37.360 In these incidents, there were videos found on this defendant's cell phone.
01:37:44.860 Those were kept in a hidden folder on his cell phone, and they do depict penetrative
01:37:51.260 sex with a juvenile family member under the age of 12.
01:37:56.060 The victim in that case was identified, was theoretically interviewed.
01:38:00.260 What I think is important for the court to understand about the nature of that is that these acts occurred over a range of time.
01:38:09.840 There was not just one act, one video.
01:38:13.760 They display multiple encounters.
01:38:16.840 And there's also some predatory, I would say derogatory, so I would characterize it as language used by the defendant towards the victim who knows the video.
01:38:25.220 So in case you missed it, she said the videos found in the defendant, the 15-year-old's hidden files on his cell phone included, quote, penetrative sex with a juvenile family member, suggesting there's incest on there.
01:38:41.980 But his lawyer spoke, Jason Sheffield, spoke with Page Six after the hearing and said,
01:38:48.200 characterizations made in court regarding the prior juvenile matter involving K.J.
01:38:52.400 Beerman grossly misrepresent both the facts and the ultimate resolution of that case.
01:38:56.920 He insisted, quote, that matter arose from inappropriate, crude behavior involving two
01:39:03.040 middle schoolers.
01:39:04.000 It did not result in an adjudication for statutory rape, sexual intercourse, or any comparable offense.
01:39:13.320 I mean, Dave, I wouldn't expect him to have even remained in the household if he were molesting like a family member.
01:39:23.460 So I'm not sure what to make of that prior incident.
01:39:26.140 And I'm not sure what to make of the current one either, because the defense lawyer has come out and suggested that this alleged victim has made other false allegations.
01:39:40.700 Listen here to his lawyer, Jason Sheffield, in court on September 11th.
01:39:44.800 As for a statement on prior false allegations, I have evidence.
01:39:52.560 I have witnesses, and I believe under our current case law, that is admissible evidence.
01:39:57.540 It's no longer subjected to the reasonable probability of falsity standard.
01:40:01.840 It's subjected to 401 and 403.
01:40:04.740 And because the report that was issued had so much to do with the credibility of the alleged victim,
01:40:12.380 and it had extensive information about the way that she described these offenses,
01:40:17.420 I thought it was reasonably necessary to level the playing field to talk about that particular
01:40:22.900 evidence. Dave, like if that's where this goes, that she's got a history of making this stuff up,
01:40:31.120 that she was good friends with his girlfriend, that it was more of a Sunday morning regret
01:40:36.560 than it was an active sexual assault. That's a decent defense. We've seen that defense work
01:40:42.680 in other cases. But how does a jury go about figuring that out? Well, the use of the prior
01:40:50.540 alleged act is used to keep him in the adult system and to keep him locked up at home with
01:40:58.180 strict bond requirements that he otherwise wouldn't get. And then it's up to the jury
01:41:03.820 in this trial. And I think he will be tried as an adult because that's the default where he is.
01:41:10.020 And because of this prior case, I think that he's going to be tried as an adult here.
01:41:14.720 And then it's going to be up to the judge to determine whether to allow the prior alleged misconduct to come in.
01:41:22.480 We don't know the extent of it because it's all in the juvenile system.
01:41:24.800 There's all these privacy rules in place.
01:41:27.040 So it's not going to just be a pure he said, she said, because I think the state is going to get some of this prior bad acts in.
01:41:36.000 And they have something on the cell phones.
01:41:38.980 We don't know exactly what it is. We've heard some talk here about this awful stuff in the hidden files.
01:41:44.380 But apparently there may be some evidence on the cell phones that talk about what he allegedly did here in this matter, not stuff in the past.
01:41:53.640 And then the main issue, though, the main witness is going to be the victim here.
01:41:58.420 And if they could put her on trial, if they could shred her credibility, then ultimately the case could fall apart.
01:42:04.160 But it's not purely a he said, she said because of the other stuff that we just mentioned.
01:42:11.000 I mean, her leaving the facility, Viva, right after it happened, I don't there'll be scrutinization of that.
01:42:19.460 Did she look upset? You know what? Did she text him immediately thereafter?
01:42:23.680 Like all of her behavior will will come under the microscope.
01:42:25.860 but you got to keep an open mind because if she if it's true it's just an allegation that she's
01:42:32.460 made prior false allegations it's a complete game changer well these cases are are they're
01:42:38.440 ultimately they're grotesque i mean and also they highlight i i would not want to be a young person
01:42:44.000 in today's day and age and certainly not a young person in a public school or you know the schooling
01:42:49.340 system or in a family situation where they don't not just teach you right from wrong but proper
01:42:54.840 behavior that will keep you out of trouble regardless of who turns out to be the liar in
01:42:59.660 this case yeah there's there would probably be zero doubt that this kid is learning not the best
01:43:04.980 lessons in life and morality from his parents it doesn't mean the look of it now that being said
01:43:11.760 if it turns out that what he's got on his phone is what was described you gotta i mean i appreciate
01:43:17.040 it'll be derogatory because it's going to be potentially evidence of another crime potentially
01:43:21.460 that might have nothing to do with this.
01:43:23.040 Something is going wrong in all of this.
01:43:24.900 The girl saying that she wants him locked up
01:43:26.600 in the interim is also something of a red flag
01:43:28.820 because if what he did is what she says she did,
01:43:31.540 locking this kid up at 15 for an extended period of time
01:43:34.280 seems very punitive and malicious
01:43:36.740 given he hasn't been convicted of anything.
01:43:38.760 But it's just, this is a cluster F of a situation.
01:43:42.000 Just raise your kids properly,
01:43:43.460 teach them the right lessons
01:43:44.360 and let them know that what you record on your camera
01:43:46.460 could be evidence of a crime
01:43:47.960 and people don't seem to appreciate that.
01:43:49.700 Yeah.
01:43:50.740 Yeah.
01:43:51.460 And honestly, stay the hell away from reality TV.
01:43:54.200 Quickly, Dave, give you the last word.
01:43:55.220 Yeah, the last word.
01:43:55.980 When that guy was going crazy on body cam outside his house,
01:43:59.400 did you really think telling him to calm down was going to work?
01:44:02.640 Yeah, that never works on anyone in the history of mankind.
01:44:06.240 Great to see you both.
01:44:07.420 Thanks for being here tomorrow.
01:44:08.440 We're back with Emily Jashinski.
01:44:10.160 See you then. 0.61
01:44:11.880 Thanks for listening to The Megyn Kelly Show.
01:44:13.800 No BS, no agenda, and no fear.
01:44:21.460 Thank you.